The Practice (1997–2004): Season 7, Episode 10 - Silent Partners - full transcript
DOLE: Previously on
"The Practice"...
STRINGER: Okay.
The search seems to be bogus.
She was pulled over for
rolling through a stop sign.
Who's sitting? Do you know?
Judge Brenford. Why?
You're home.
I'm sorry?
Brenford is the flirting judge
and you've got blonde hair.
All you have to do
is smile at him,
big smile, over the top.
If he thinks you think
he's cute,
he'll suppress on the spot.
What?
Your Honor, we'd like to,
you know, waive reading,
if that's all right?
Why are you so happy?
Just happy to be here,
Your Honor.
Are you coming onto me?
STRINGER: I would never,
as hard as it is to resist.
I cannot believe you did that.
It was a joke, Jamie.
Calm down.
You humiliated me!
I'm gonna let what little doubt
I have cut in your favor.
I'm suppressing the search
and dismissing the indictment.
(gavel bangs)
Excellent.
You're telling me this now?
Normally, we like to present
a united front,
but Ellenor feels strongly
that we should plead and--
Why?
FRUTT: Basically, the media.
On the evidence alone,
I think our chances are okay,
but the press is killing you.
You're already guilty
in the public's eye.
Jurors are instructed
to disregard
what they see and hear.
FRUTT: Of course
they are, but...
these images have been on
every broadcast every night.
Look at the pictures.
I don't need to see
them again.
FRUTT: Steven, to the extent
that you're in denial,
I think you do.
I want you to really look.
(music playing)
FRUTT: For the past week
leading every broadcast.
I'm getting a very
bad feeling.
But you think we can win this?
The case is circumstantial.
On the evidence,
I think we have a shot.
Then I'm going with you.
No plea.
(music playing)
Kathy and I
met freshman year.
She lived on my hall
in one of the dorms.
After that, we got an
apartment off campus.
She was my best friend
for four years.
Amy, why did you go see
Dr. Barrett?
Well, we both decided
to get breast implants
as kind of a
graduation present.
We talked to a bunch
of different doctors,
but Kathy and Steven
had this connection.
GAMBLE: They were a couple.
AMY: Oh, yes, even though
he was married.
At first, it was just
for the surgery,
but Kathy had a thing
about older guys.
GAMBLE: How often did you
see them together?
AMY: All the time.
They went out at least
a few nights a week.
She was always talking about
the restaurants they went to
or how great it was
at his house on the cape.
She said they were in love.
Did you ever see
them fight?
AMY: I saw them
argue a lot.
The last time was a few nights
before she was killed.
Could you hear what they
were fighting about?
AMY: The same thing
they always did.
Kathy wanted Steven
to get a divorce.
I didn't hear everything
but it was bad.
She slapped him,
and she told him
to get the hell out.
Two days later,
she was dead.
You never heard my client
threaten Ms. Vance, did you?
No.
YOUNG: You never saw
him hit her
or be violent with her
in any way?
AMY: No.
YOUNG: And when you saw
Ms. Vance
slap Dr. Barrett,
how did he respond to that?
He didn't.
He didn't lose his temper?
He didn't hit her back?
No, he just turned around
and walked out.
YOUNG: Could you tell us
how you heard
that Ms. Vance
had been killed?
I got a phone call from Steven
the day she was found.
Then how did he sound
when you talked to him?
He was crying.
In your opinion,
he was devastated.
Isn't that what you told
the police?
Yes.
(indistinct chatter)
(alarm buzzes)
Thank you so much
for coming.
Well, you left me
six messages.
You are such
a beautiful woman.
The newspapers
make you look fatter.
Mr. Deeks--
I really needed to see you.
You're the only lawyer
who could--
DOLE: Mr. Deeks,
I need to stop you.
I read your indictment
and the court file.
I'm sorry. I'm not taking any
criminal cases anymore,
especially murder cases.
There are many
other lawyers who--
DEEKS: Not like you.
Why am I different?
You killed somebody.
You can understand
what it feels like.
And it's in part
because I'm still
trying to deal with--
I killed somebody.
I took a life.
I need someone
who understands.
Why?
Because...
I know there's something
wrong with me,
something that just
told me to do it.
I know it's not the same
as what you did,
but if anyone can understand...
look.
I don't wanna go to jail
for the rest of my life.
If I could get into
a hospital--
I don't have much money
but I'll pay you...
everything I have.
Hi.
You wanted to see me?
Yes, I did.
I meant to grab you
after last week's hearing.
I wanted you to know that
after a rather shaky start,
I thought that you, uh,
argued a persuasive motion.
Thank you.
This was my first
real victory.
So I'm feeling excellent.
BRENFORD:
Yeah, a difficult issue,
one on which I could
have gone either way.
Most judges, I might add,
probably would have gone
the other way.
STRINGER: Oh, well,
I'm glad for my side that--
You got me.
(chuckles)
I thought perhaps you might
like to grab some lunch.
Um, wouldn't that be,
like, uh...
incredibly improper?
The case is over.
I take great pride
in mentoring young lawyers.
It's not something
that's done often enough
in the legal community.
Well--
I can't order you.
That would be an abuse
of my discretion.
So let's just call it
a request.
DETECTIVE: The defendant
himself notified us
that the victim was missing.
Upon locating her car not
far from his office,
we conducted an area search.
Detective, could you tell us
what you found?
DETECTIVE: In a wooded area
behind the building,
we located the body
of the victim.
Identified as...
DETECTIVE: Katherine Vance.
She had multiple stab wounds
around her chest
and defensive cuts
on both of her hands.
The body was naked.
So we requested a rape kit
be sent to the lab.
Do you know the result
of those tests?
It was positive for semen
inside the victim.
The sample was a genetic
match to the defendant.
YOUNG: My client told you
he was involved
with Katherine Vance.
Yes.
YOUNG: That they were having
sexual relations.
Yes.
So she could have been
killed by some stranger
after having sex
with my client.
Is that possible,
detective?
Anything is possible.
That doesn't mean--
YOUNG: Thank you.
Did you find
the murder weapon?
No, the knife
was never recovered.
YOUNG: And what about
the victim's blood?
Could you connect it
with my client?
No.
YOUNG: So you searched
his office, his house,
his car, his clothes.
Did you find any trace
of the victim's blood?
No.
Does it make sense to you,
detective,
that he would be so
meticulous about the blood
and physical evidence
only to dump the body
right behind
his own office building?
Murders don't typically
make sense.
He called the police.
He led you to her car.
He gave you a sample
of his own DNA.
All true?
Yes.
You understand I confessed.
I do, but you only
confessed after
they discovered the body
in the trunk.
If we can suppress
the search,
the confession
goes out, too.
That would give us some
leverage to make a deal,
which we would need
to get you in a hospital.
Are you with me?
You can undo my confession?
Maybe.
But I'm willing to confess
if that is what--
DOLE: I understand,
but the problem with that
is we would be left
with no bargaining power.
Can you appreciate that?
Yes.
I just don't wanna go
to a prison.
Anything to keep me out
of prison.
DOLE: I understand.
Now, you answer
only what I ask you,
nothing more, because--
I strangled her.
Stanley,
I know you're ill,
and I know you
wanna get better.
Carol.
I'm sorry?
Her name was Carol.
She worked in my building.
She was very nice to me.
I was a security guard
and I killed her.
Listen to me.
I will never succeed
in keeping you out of prison
if you don't do as I say.
Do not be telling anybody else
you strangled this girl.
Are we clear?
Okay.
You're the D. A. on this?
Perfect, isn't it?
I graduate to the rubber room
after trying to put you away.
One month on the happy farm,
I'm back,
only to find myself
up against--boom.
Oh, that's what I call you.
I used to give my defendants
a one word moniker.
It's how I kept track.
My name for you was "boom"
since you were a shooter.
I see. Listen--
WALSH:
Now, I call you "techie"
since you got off
on a technicality.
Which do you like better,
boom or techie?
Lindsay...
I'm sort of half kidding.
I'm trying to make light
of my situation
because I'm...
so deeply embarrassed
over, uh--
listen, I'm not gonna
give you a hug,
but I'll try to be fair
and more importantly,
a noble officer
of the court....
really.
Walsh?
Why would they put one
of their top people on this?
DOLE: Stanley,
this is a murder case.
You strangled somebody.
Look, I'll confess.
Don't start that again.
He is gonna go for prison.
Calm down.
What if...
I can give them
other information
I can trade in exchange
for getting in a hospital
instead of jail?
What other information?
I did other things...
that they don't know about.
I don't wanna know
about it either.
Look, let's tackle
the suppression hearing
and then go from there, okay?
Carol.
What?
Her name was Carol.
I don't deny
having the affair.
Doctor, did you see
Kathy Vance
the night she was killed?
STEVEN: Yes, she stopped
by the office.
That's where
we would often meet.
I work there at night
when the staff is gone and--
Can you tell us
what happened
that particular night?
STEVEN: She came
by a little after 9:00,
hung around while
I finished some work.
After that, we opened up
a bottle of wine.
We made love.
In the office?
Yes.
FRUTT: And after?
She left. She said
she had a party to go to.
I walked her to the door.
We said goodbye and that was...
the last time that I saw her.
When did you realize
something was wrong?
STEVEN: Later that night
when I left to go home,
I saw her car was still
in the parking lot.
I knew that it
didn't make any sense,
but I thought perhaps
she got a ride from a friend,
so it didn't really bother me.
The next day,
her car was still there.
And what did you do?
STEVEN:
Now, I got concerned.
I called her roommate,
Amy Wyatt.
She told me that Kathy
hadn't been home all night.
I hung up the phone.
I immediately called
the police.
They found her
later that day.
FRUTT: Dr. Barrett,
did you kill Kathy Vance?
No.
I cared
about Kathy very much.
I have done everything
in my power
to help the police.
I swear, I don't know
what happened to her.
I wish to God that I did.
GAMBLE: You recognize
this bottle, doctor?
It looks like a prescription
bottle for painkillers.
A prescription you wrote
for Katherine Vance, correct?
Yes. Kathy was still
experiencing some discomfort.
Pain medication
was an appropriate treatment.
Well, according to her
autopsy results,
she wasn't taking
any pain medication.
In fact, there were
no medications
found in her system.
STEVEN: I don't know
why that would be.
GAMBLE: Doctor,
this bottle is half empty.
It was found in your desk
in your office.
She must have left
them there.
GAMBLE: Well,
I'm sure she did because
you were the one
who was taking the pills.
That's absolutely false.
(music playing)
GAMBLE: I have here
seven prescriptions
written by you,
all in the name
of Katherine Vance.
They were all filled
in different locations,
all in the last few months.
Why so many prescriptions,
doctor?
We also ran some new tests
on your blood sample.
Would you care to amend
your answer now, doctor?
Okay.
Look, I have a problem.
She was getting
the pills for me,
but you're talking about
my addiction.
That doesn't make me
a murderer.
Why didn't you tell us,
Steven?
I'm sorry.
I was trying
to protect myself.
I knew how it would look.
Now, I'm with Ellenor.
We need to think
about taking a plea.
A plea of what?
Murder two.
I didn't kill anyone.
But it looks
very much like you did.
You were last seen with her,
your semen was found in her,
and she was in the woods
behind your office.
Someone killed her
after she left the office.
FRUTT: Steven,
we put you up there
so you would look like
a responsible doctor,
the kind of person incapable
of committing a crime.
You came off that stand
a drug-addicted liar.
I agree with Eugene.
We at least have to think
about a plea.
I didn't kill her, Ellenor.
That's the truth.
I'm not gonna plead
to second-degree murder.
(sighs)
What do you mean
you had lunch with him?
I just--
BERLUTI: The judge who
just handled your motion?
Yes.
He asked me yesterday.
I felt I better not refuse.
You better not refuse?
STRINGER:
He said it was a request,
but he said it in a way
like there would be
repercussions.
So you went to lunch.
STRINGER: Yes.
And what happened?
Nothing. We had lunch, uh,
talked about the law.
It seemed pretty innocent
and then it was over.
And then he asked me out
for a drink.
And what did you say?
I said I couldn't.
I had work and...
"maybe tomorrow."
Would you like me
to go to him?
No. God. No.
Well, this is
a treacherous thing.
The last thing a young
attorney needs--
I'll call it off.
You want me to go with you?
No.
I will tell him no.
I saw a vehicle stopped
on the side of the road.
At first, I thought it
was a police car
because of the lights
on the roof
and the way it was painted.
Did you see anyone near
the vehicle?
The defendant.
He was in what looked like
a policeman's uniform
and was standing
at the rear of the car.
The trunk was open,
and he had a flashlight,
so I assumed he was trying
to change a flat tire.
What did you do?
I pulled over myself
to see if I could help.
That's when I realized
he wasn't one of us.
He was a security guard
for a private company.
And what happened after
you saw him, officer?
Well, the minute he saw me,
he slammed the trunk
like he didn't want me
to see inside.
So naturally,
I got suspicious.
I asked him,
"What's going on?"
He told me he was just
having a cigarette.
Company wouldn't allow him
to smoke in the car,
only I didn't see any
cigarettes.
He was acting in a furtive
and suspicious manner?
Objection.
Sustained.
Were you afraid
he might go for a weapon?
Objection.
Mr. Walsh...
HOPE: I tried to follow up
with a few more questions,
where he worked,
what shift he was on,
only he wouldn't say anything.
He just stood there
and then he tried to leave.
Did you let him go?
No, I could tell
something was wrong.
So I asked him to open up
the trunk and he did.
And what was in the trunk?
HOPE: I found a woman, a body.
It was lying on its side
in a curled up position.
There were bruises
all around the neck,
the apparent victim
of strangulation.
It was later I learned
it was Carol Dalton.
You asked him to open
the trunk or told him to?
It was a request.
Where was your weapon?
It was drawn.
So it was a request
while you were pointing
a gun at him.
Yes.
DOLE: You didn't know
there was a body
in the trunk, did you?
Not before
he opened it, no.
DOLE: Didn't see blood
on the car
or the defendant's clothes?
HOPE: No.
DOLE: What about sounds
from inside?
Did you hear screaming
or cries for help?
Obviously not.
She was dead.
So as I understand
your testimony,
if he had had cigarettes,
you wouldn't have searched
his trunk.
That's not what I said.
I testified
he was acting suspiciously.
Because he didn't have
cigarettes and was evasive
about where he worked.
HOPE: He wouldn't answer
any of my questions.
DOLE: So you searched
his trunk
because he chose not to talk.
Your client had a dead woman
in the trunk of his car.
Bottom line, I was right.
DOLE: Is it your testimony
when you asked him
to open the trunk,
you suspected
he had a dead woman inside?
I knew he had something.
DOLE: You knew he had something,
just not cigarettes.
Now what?
We'll make summations
to the judge.
If we win, like I said,
we're in a position--
What if we lose?
Then we'll either plead
or go to trial.
So maybe I have better
negotiation power now.
Maybe we can make
a deal now.
DOLE: Stanley,
they're not willing
to deal now,
and even if they were,
you have good
fourth-amendment issues here.
My advice would be
to play this hearing out.
Okay.
Okay.
Commonwealth has one rebuttal
witness, Your Honor.
We call Margot Barrett.
YOUNG: Objection.
Margot Barrett enjoys
spousal privilege.
The Commonwealth knows--
GAMBLE: And Mrs. Barrett
has the right to exercise it,
not Mr. Young's
or his client's.
Margot Barrett
is willing to testify.
She can't testify
about private conversations.
That's not why
we're calling her.
Approach.
This is definitely
unfair surprise.
She's on the witness list.
YOUNG: Ours not yours.
GAMBLE: Point is you're
prepared for her.
No, we are not.
Have you interviewed
this woman?
Yes.
Then what's the problem?
The problem is it's unfair
surprise--
GAMBLE: I'm only calling her
to impeach.
WHITE: All right, look,
we'll suspend for the day
so defense can get ready.
Tomorrow, we'll start
with Mrs. Barrett.
Now step back.
We're adjourned.
(gavel bangs)
What the hell
is she going to say?
I have no idea.
(music playing)
DOLE: Your Honor,
we can all guess
that my client likely murdered
a beautiful young woman
and he went to that park
to dispose of her body,
but like it or not,
that has nothing to do
with this hearing.
Officer Hope saw my client
standing by his car.
He didn't see any blood,
didn't hear any screams,
nothing to justify
searching the vehicle.
Slamming a trunk
isn't probable cause.
Refusing to talk
isn't probable cause.
Acting nervous
isn't probable cause.
I know it offends
our sense of justice
to free a man
who has perhaps
committed murder,
but the courts have said
it offends us more
to let the police get away
with unreasonable searches.
This is criminal procedure 101.
WALSH: This search
was nothing,
but reasonable.
It was late at night
in a deserted park.
There was no reason
for the defendant
to be there
and the reason he gave
was clearly a lie.
Imagine being there
that night.
Imagine seeing him
race to that trunk,
slam it down,
then refuse to answer
the most basic questions.
The nervous voice,
the lack of eye contact,
the fact that he tried
to flee the scene,
the defendant was acting
like a criminal,
someone in the process
of committing a crime.
Officer Hope
had probable cause
to believe a crime
was occurring,
and the evidence
was inside that trunk.
He was right
and that may not decide
the question,
but it certainly tells you
he was reading the signs.
Ms. Dole wants to talk
about offending justice.
She's asking you
to set a murderer free.
Your husband testified
that when he went
home the night
of Katherine Vance's death,
he wasn't bothered.
Mrs. Barrett,
did he seem unbothered to you?
No.
He came home that night
and he seemed agitated.
Agitated.
MARGOT: Yes.
And he had
just taken a shower
before coming home,
which I felt was very odd.
GAMBLE: Did you ask him
what was wrong?
MARGOT: Yes.
He said nothing.
But--
But what?
From my perspective,
it seemed something
traumatic had happened.
GAMBLE: Mrs. Barrett,
do you think
your husband killed--
Objection.
FRUTT: Objection.
WHITE: Sustained.
I have nothing further.
YOUNG: Did you call the police
with any of your suspicions?
No,
he's my husband
and I was hoping to be--
YOUNG:
Oh, he's your husband now.
You said he took a shower.
Is it your testimony
that he never showered
at work before coming home?
No, he sometimes--
YOUNG: Is it your testimony
that he never came home
from work upset?
No, but here, it was very--
YOUNG: Is it your testimony
that--
Ask that the witness
be allowed to respond.
She answered my question.
Can you describe for this court
your marriage,
Mrs. Barrett?
It's rocky.
YOUNG: Rocky?
You've talked about divorce,
haven't you?
MARGOT: Yes.
YOUNG: Well, with a divorce,
you could get half.
If he should go to prison,
you basically
could spend it all.
Objection.
Is that what this is?
You turn on your husband--
Objection!
YOUNG:
This is cross-examination.
I'll allow it.
YOUNG: My colleague
Ellenor Frutt
talked to you many times.
Why didn't you ever mention
that your husband seemed
agitated that night?
Because as I--
YOUNG: You hadn't thought
of it yet?
Objection!
WHITE: Mr. Young--
Where were you that night?
Here we go.
YOUNG: Sorry,
but when we interviewed you,
you told us you had
no information,
and here you sit today
with information.
I guess that can happen
when a conviction
can give you access
to over $2,000,000.
GAMBLE: Objection!
YOUNG: Withdrawn.
Nothing further.
I'm afraid I'm a little
confused, Jamie.
Well, I just think
since you were
the judge on my case
and I did begin the case
with some serious flirting,
to avoid even the appearance
of impropriety,
we probably shouldn't be seen
having a drink together.
Are you saying
you'd rather
get it privately?
No, no, no,
no, no, no.
I'm saying we probably
shouldn't get it at all.
We shouldn't be social.
Were you flirting with me
because you were interested
or you simply tried
to influence my decision?
Well--
BRENFORD:
Because it was the latter,
even though
you didn't influence me,
I should nevertheless
probably vacate my decision
and remand the matter
to another judge to,
like you say,
avoid even the appearance
of impropriety.
Should I do that?
Now, it feels like
you're threatening me
to undo your ruling,
in which case,
my client--
BRENFORD:
I'm merely following up
on your implied allegation.
If you think
there's any impropriety,
it would be my duty
to vacate
and hand the matter
to another judge.
I don't feel
there's any impropriety.
You sure?
Yes.
I'm very sure.
Because if a lawyer
before me even questions
whether I'd stepped
over the line...
I'm not questioning.
(chuckles)
Okay.
Then I can't see any problem
with us having
a drink together.
I would tell you
if I thought so.
(music playing)
STANLEY: Lindsay!
What happened?
He just wigged out,
but we called the paramedics.
STANLEY:
Lindsay! Lindsay!
Lindsay!
DOLE: Stanley,
I'm right here!
I'm right here!
I wanna plead!
I can't take the chance!
I want to plead!
DOLE: Stanley,
you need to calm down.
I want to plead.
If they let go of you,
can you stay calm?
Yes.
Go ahead.
(panting)
You okay?
I need to talk
to you alone.
Handcuff him
and cuff his leg
to the table.
No.
Then I don't stay
in this room alone with you.
Simple as that.
Okay.
OFFICER: Stand up.
We'll watch
through the glass.
Thank you.
The reason
that I was so desperate
to have you as my attorney,
you're in a unique position
to bargain for me.
Why?
STANLEY: Your old firm,
it's on another case that...
I can help the police with.
The police solved
that one, Stanley.
I don't--
STANLEY: No, they didn't.
I killed that woman.
I beg your pardon?
Kathy Vance.
I stabbed her,
threw her in the woods.
I am willing to confess
to that crime
and this one here
if they agree
to put me in a hospital
instead of prison.
(sighs)
You killed Kathy Vance?
Yes.
And that's why you wanted me,
because of my old firm?
STANLEY: And I know
you're friends
with the D. A.,
Helen Gamble.
You can make it happen.
(knocks on door)
The judge is back.
(door closes)
Oh, my God.
Look,
what you have
to give them,
you'll still have it
after this ruling.
You might as well take
your chances with Hiller.
The search was bad.
Let's just see
what she says.
WOMAN: Be seated.
I have spent
the past three hours
trying to conceive of a way
that I can uphold the search
of the defendant's trunk
and the ensuing confession.
I failed.
This wasn't made incident to
an arrest.
It had nothing
to do with trying
to stop the suspect
from obtaining a weapon.
We've got nothing
plain sight.
This was warrantless
and, simply put,
unconstitutional.
It sickens me
to squash it
because the result--
this officer needs to be sent
immediately back
to the academy.
The search and confession
are hereby suppressed.
The charges are dismissed,
and the defendant,
I'm horrified to say,
is free to go.
We are adjourned.
(gavel bangs)
(indistinct chatter)
What happened?
You're free.
She threw out the search
and the confession.
I can just walk out?
DOLE: Yes,
but you still
wanna help the police
on that other matter
and get some help.
There's no need to now, right?
I'm free.
Right.
Thank you, Lindsay.
Thank you.
(music playing)
(car engine revving)
BERLUTI: What do you mean
you couldn't get out of it?
He kind of tricked me.
Tricked you how?
He sort of implied
that he would
undo his ruling,
though he was careful
the way he said it
and he basically
had me insisting
there was no impropriety,
and, look,
the guy's a judge,
he's smarter than me.
Jamie--
STRINGER: Don't worry.
I know how to dump guys
and flatter them
at the same time.
I'll have one drink
and I'll wiggle out
of the situation.
BERLUTI: This isn't a frat boy.
He's a judge.
I can handle him.
I can.
BERLUTI: Is he threatening you
in any way?
No.
BERLUTI: Jamie, you're walking
down a path here.
This is your career
and it's you.
I can handle it.
He was the last person
to see her alive.
Her body was found
behind his office building
with his semen
inside of her.
They were recently
seen fighting.
She had slapped him.
The defendant's own wife
knew something
was wrong that night.
He came home agitated
and then we learn
he's a drug addict.
Maybe Katherine Vance
was going to expose him,
ruin his marriage,
ruin his career,
we don't know.
We can't.
Katherine Vance is dead.
We do know
the defendant took the stand
and lied,
all the defense has offered
is the defendant's word.
And he takes the stand
and lies.
YOUNG: Dr. Barrett was afraid
to admit his addiction
because he knew
it would hurt his career,
but there's no evidence
it caused him
to kill Kathy Vance.
There's no evidence
she even made any threats
to go public.
My client did
everything he could
to help the police.
He called them to say
the victim was missing.
He gave them permission
to search everything.
He even provided
a blood sample.
Someone else could have
killed Kathy Vance,
someone outside
who saw her leave.
All their evidence,
her being there that night,
the semen,
it proves the affair.
It doesn't prove murder.
And as for the wife
suddenly coming forward
saying things
didn't seem right,
she had a motive to lie.
She had 2,000,000 reasons.
She never told the police
or defense counsel
that Dr. Barrett
seemed agitated.
She manufactured that later
when she tumbled to the idea
that she could profit
by putting him in prison.
She got even.
For all we know,
maybe she was hiding
in the bushes that night
waiting for Katherine Vance
to come out.
We don't know.
(door opens)
HILLER:
It's not often the winner
comes in to complain.
I'm not complaining
and this is about a completely
unrelated matter.
It's just...
I respect you
more than anyone
on interpreting the law
and, uh,
I have a client
who committed a crime
somebody else stands
to be convicted for.
And?
And do I have any recourse
to cure the injustice?
I'm sure the answer's no,
but...
Then why ask the question?
Is the answer yes?
In 49 other states,
your hands are tied.
In Massachusetts,
there is a provision
in rule 1.6.
It allows an attorney
to break the privilege
to keep an innocent man
from going to prison.
Do you have a case?
HILLER: No,
because there aren't any.
There's never been
a decision
because no attorney has ever
invoked the provision.
Why not?
HILLER: You know
the answer to that.
Privilege
is the bedrock principle
of criminal justice.
There may be
an exception on paper,
but no defense
attorney's ever been
willing to use it,
rightfully so.
But I can.
I have the discretion.
HILLER: That's right.
But Lindsay,
you'd be signing
your own career
death warrant.
You'll be news,
a pariah
with every other attorney,
not just criminal.
What type of crime
do you have knowledge of?
It's a murder.
HILLER: Ah.
Why am I not surprised?
The reason this provision
has never been invoked,
most lawyers,
most judges,
including me,
think it's wrong.
A client's trust
is a client's trust.
A lawyer doesn't break it.
It isn't always that easy.
HILLER:
You think it was easy
for me to kick Stanley Deeks?
You came to me for advice.
Technically,
you can reveal
what you know.
Ethically,
I say you don't.
BRENFORD:
I don't know about you,
but I'm pretty hungry.
It's only 5:00.
I know,
but let's head over
to Jasper's and get a bite.
It's not too far.
Okay.
Nice thing about being a judge
is the ability to say,
"Day's over, folks."
Sometimes think
about going back
into private practice
and then I think
I'd miss
the control too much.
Door's open.
Of course,
what I'd really like
is to captain a boat.
That's the control
I'm looking for.
Be out in the open sea,
sail to Nantucket.
What's wrong?
Jamie?
I can't get a drink
with you.
I'm sorry,
but having appeared
before you on a case,
I think it's wrong.
If you feel the need
to vacate your decision,
that's your call.
My call,
I'm not getting this drink.
Good night, Your Honor.
(music playing)
WHITE: Will the defendant
please rise?
Mr. Foreman, has the jury
reached a unanimous verdict?
We have, Your Honor.
WHITE: What say you?
FOREMAN: Commonwealth
versus Steven Barrett.
On the charge of murder
in the first degree,
we find the defendant,
Steven Barrett,
guilty.
(indistinct chatter)
The defense moves
to set aside the verdict.
Denied.
Security, take charge
of the defendant.
Members of the jury,
you're dismissed
with the thanks of this court.
This matter
is now adjourned.
(gavel bangs)
We're gonna review the record
and find grounds to appeal.
Okay.
(indistinct chatter)
You can go.
I'll handle this.
Are you sure?
YOUNG: Yeah, go ahead.
(indistinct chatter)
Lindsay.
Hey.
I came to bring you luck.
I'm sorry.
Yeah.
MAN: Excuse me, Ms. Frutt.
FRUTT: Uh, Eugene Young
will be fielding
all your questions.
I've got no comment.
I'm sorry.
(indistinct chatter)
It's not like I thought
we would win,
but...
But what?
I don't know.
Something just tells me
this one was innocent.
(music playing)
Any grounds for appeal?
I don't know.
(sighs)
(music playing)
(music playing)
WOMAN: You stinker.
(music playing)
"The Practice"...
STRINGER: Okay.
The search seems to be bogus.
She was pulled over for
rolling through a stop sign.
Who's sitting? Do you know?
Judge Brenford. Why?
You're home.
I'm sorry?
Brenford is the flirting judge
and you've got blonde hair.
All you have to do
is smile at him,
big smile, over the top.
If he thinks you think
he's cute,
he'll suppress on the spot.
What?
Your Honor, we'd like to,
you know, waive reading,
if that's all right?
Why are you so happy?
Just happy to be here,
Your Honor.
Are you coming onto me?
STRINGER: I would never,
as hard as it is to resist.
I cannot believe you did that.
It was a joke, Jamie.
Calm down.
You humiliated me!
I'm gonna let what little doubt
I have cut in your favor.
I'm suppressing the search
and dismissing the indictment.
(gavel bangs)
Excellent.
You're telling me this now?
Normally, we like to present
a united front,
but Ellenor feels strongly
that we should plead and--
Why?
FRUTT: Basically, the media.
On the evidence alone,
I think our chances are okay,
but the press is killing you.
You're already guilty
in the public's eye.
Jurors are instructed
to disregard
what they see and hear.
FRUTT: Of course
they are, but...
these images have been on
every broadcast every night.
Look at the pictures.
I don't need to see
them again.
FRUTT: Steven, to the extent
that you're in denial,
I think you do.
I want you to really look.
(music playing)
FRUTT: For the past week
leading every broadcast.
I'm getting a very
bad feeling.
But you think we can win this?
The case is circumstantial.
On the evidence,
I think we have a shot.
Then I'm going with you.
No plea.
(music playing)
Kathy and I
met freshman year.
She lived on my hall
in one of the dorms.
After that, we got an
apartment off campus.
She was my best friend
for four years.
Amy, why did you go see
Dr. Barrett?
Well, we both decided
to get breast implants
as kind of a
graduation present.
We talked to a bunch
of different doctors,
but Kathy and Steven
had this connection.
GAMBLE: They were a couple.
AMY: Oh, yes, even though
he was married.
At first, it was just
for the surgery,
but Kathy had a thing
about older guys.
GAMBLE: How often did you
see them together?
AMY: All the time.
They went out at least
a few nights a week.
She was always talking about
the restaurants they went to
or how great it was
at his house on the cape.
She said they were in love.
Did you ever see
them fight?
AMY: I saw them
argue a lot.
The last time was a few nights
before she was killed.
Could you hear what they
were fighting about?
AMY: The same thing
they always did.
Kathy wanted Steven
to get a divorce.
I didn't hear everything
but it was bad.
She slapped him,
and she told him
to get the hell out.
Two days later,
she was dead.
You never heard my client
threaten Ms. Vance, did you?
No.
YOUNG: You never saw
him hit her
or be violent with her
in any way?
AMY: No.
YOUNG: And when you saw
Ms. Vance
slap Dr. Barrett,
how did he respond to that?
He didn't.
He didn't lose his temper?
He didn't hit her back?
No, he just turned around
and walked out.
YOUNG: Could you tell us
how you heard
that Ms. Vance
had been killed?
I got a phone call from Steven
the day she was found.
Then how did he sound
when you talked to him?
He was crying.
In your opinion,
he was devastated.
Isn't that what you told
the police?
Yes.
(indistinct chatter)
(alarm buzzes)
Thank you so much
for coming.
Well, you left me
six messages.
You are such
a beautiful woman.
The newspapers
make you look fatter.
Mr. Deeks--
I really needed to see you.
You're the only lawyer
who could--
DOLE: Mr. Deeks,
I need to stop you.
I read your indictment
and the court file.
I'm sorry. I'm not taking any
criminal cases anymore,
especially murder cases.
There are many
other lawyers who--
DEEKS: Not like you.
Why am I different?
You killed somebody.
You can understand
what it feels like.
And it's in part
because I'm still
trying to deal with--
I killed somebody.
I took a life.
I need someone
who understands.
Why?
Because...
I know there's something
wrong with me,
something that just
told me to do it.
I know it's not the same
as what you did,
but if anyone can understand...
look.
I don't wanna go to jail
for the rest of my life.
If I could get into
a hospital--
I don't have much money
but I'll pay you...
everything I have.
Hi.
You wanted to see me?
Yes, I did.
I meant to grab you
after last week's hearing.
I wanted you to know that
after a rather shaky start,
I thought that you, uh,
argued a persuasive motion.
Thank you.
This was my first
real victory.
So I'm feeling excellent.
BRENFORD:
Yeah, a difficult issue,
one on which I could
have gone either way.
Most judges, I might add,
probably would have gone
the other way.
STRINGER: Oh, well,
I'm glad for my side that--
You got me.
(chuckles)
I thought perhaps you might
like to grab some lunch.
Um, wouldn't that be,
like, uh...
incredibly improper?
The case is over.
I take great pride
in mentoring young lawyers.
It's not something
that's done often enough
in the legal community.
Well--
I can't order you.
That would be an abuse
of my discretion.
So let's just call it
a request.
DETECTIVE: The defendant
himself notified us
that the victim was missing.
Upon locating her car not
far from his office,
we conducted an area search.
Detective, could you tell us
what you found?
DETECTIVE: In a wooded area
behind the building,
we located the body
of the victim.
Identified as...
DETECTIVE: Katherine Vance.
She had multiple stab wounds
around her chest
and defensive cuts
on both of her hands.
The body was naked.
So we requested a rape kit
be sent to the lab.
Do you know the result
of those tests?
It was positive for semen
inside the victim.
The sample was a genetic
match to the defendant.
YOUNG: My client told you
he was involved
with Katherine Vance.
Yes.
YOUNG: That they were having
sexual relations.
Yes.
So she could have been
killed by some stranger
after having sex
with my client.
Is that possible,
detective?
Anything is possible.
That doesn't mean--
YOUNG: Thank you.
Did you find
the murder weapon?
No, the knife
was never recovered.
YOUNG: And what about
the victim's blood?
Could you connect it
with my client?
No.
YOUNG: So you searched
his office, his house,
his car, his clothes.
Did you find any trace
of the victim's blood?
No.
Does it make sense to you,
detective,
that he would be so
meticulous about the blood
and physical evidence
only to dump the body
right behind
his own office building?
Murders don't typically
make sense.
He called the police.
He led you to her car.
He gave you a sample
of his own DNA.
All true?
Yes.
You understand I confessed.
I do, but you only
confessed after
they discovered the body
in the trunk.
If we can suppress
the search,
the confession
goes out, too.
That would give us some
leverage to make a deal,
which we would need
to get you in a hospital.
Are you with me?
You can undo my confession?
Maybe.
But I'm willing to confess
if that is what--
DOLE: I understand,
but the problem with that
is we would be left
with no bargaining power.
Can you appreciate that?
Yes.
I just don't wanna go
to a prison.
Anything to keep me out
of prison.
DOLE: I understand.
Now, you answer
only what I ask you,
nothing more, because--
I strangled her.
Stanley,
I know you're ill,
and I know you
wanna get better.
Carol.
I'm sorry?
Her name was Carol.
She worked in my building.
She was very nice to me.
I was a security guard
and I killed her.
Listen to me.
I will never succeed
in keeping you out of prison
if you don't do as I say.
Do not be telling anybody else
you strangled this girl.
Are we clear?
Okay.
You're the D. A. on this?
Perfect, isn't it?
I graduate to the rubber room
after trying to put you away.
One month on the happy farm,
I'm back,
only to find myself
up against--boom.
Oh, that's what I call you.
I used to give my defendants
a one word moniker.
It's how I kept track.
My name for you was "boom"
since you were a shooter.
I see. Listen--
WALSH:
Now, I call you "techie"
since you got off
on a technicality.
Which do you like better,
boom or techie?
Lindsay...
I'm sort of half kidding.
I'm trying to make light
of my situation
because I'm...
so deeply embarrassed
over, uh--
listen, I'm not gonna
give you a hug,
but I'll try to be fair
and more importantly,
a noble officer
of the court....
really.
Walsh?
Why would they put one
of their top people on this?
DOLE: Stanley,
this is a murder case.
You strangled somebody.
Look, I'll confess.
Don't start that again.
He is gonna go for prison.
Calm down.
What if...
I can give them
other information
I can trade in exchange
for getting in a hospital
instead of jail?
What other information?
I did other things...
that they don't know about.
I don't wanna know
about it either.
Look, let's tackle
the suppression hearing
and then go from there, okay?
Carol.
What?
Her name was Carol.
I don't deny
having the affair.
Doctor, did you see
Kathy Vance
the night she was killed?
STEVEN: Yes, she stopped
by the office.
That's where
we would often meet.
I work there at night
when the staff is gone and--
Can you tell us
what happened
that particular night?
STEVEN: She came
by a little after 9:00,
hung around while
I finished some work.
After that, we opened up
a bottle of wine.
We made love.
In the office?
Yes.
FRUTT: And after?
She left. She said
she had a party to go to.
I walked her to the door.
We said goodbye and that was...
the last time that I saw her.
When did you realize
something was wrong?
STEVEN: Later that night
when I left to go home,
I saw her car was still
in the parking lot.
I knew that it
didn't make any sense,
but I thought perhaps
she got a ride from a friend,
so it didn't really bother me.
The next day,
her car was still there.
And what did you do?
STEVEN:
Now, I got concerned.
I called her roommate,
Amy Wyatt.
She told me that Kathy
hadn't been home all night.
I hung up the phone.
I immediately called
the police.
They found her
later that day.
FRUTT: Dr. Barrett,
did you kill Kathy Vance?
No.
I cared
about Kathy very much.
I have done everything
in my power
to help the police.
I swear, I don't know
what happened to her.
I wish to God that I did.
GAMBLE: You recognize
this bottle, doctor?
It looks like a prescription
bottle for painkillers.
A prescription you wrote
for Katherine Vance, correct?
Yes. Kathy was still
experiencing some discomfort.
Pain medication
was an appropriate treatment.
Well, according to her
autopsy results,
she wasn't taking
any pain medication.
In fact, there were
no medications
found in her system.
STEVEN: I don't know
why that would be.
GAMBLE: Doctor,
this bottle is half empty.
It was found in your desk
in your office.
She must have left
them there.
GAMBLE: Well,
I'm sure she did because
you were the one
who was taking the pills.
That's absolutely false.
(music playing)
GAMBLE: I have here
seven prescriptions
written by you,
all in the name
of Katherine Vance.
They were all filled
in different locations,
all in the last few months.
Why so many prescriptions,
doctor?
We also ran some new tests
on your blood sample.
Would you care to amend
your answer now, doctor?
Okay.
Look, I have a problem.
She was getting
the pills for me,
but you're talking about
my addiction.
That doesn't make me
a murderer.
Why didn't you tell us,
Steven?
I'm sorry.
I was trying
to protect myself.
I knew how it would look.
Now, I'm with Ellenor.
We need to think
about taking a plea.
A plea of what?
Murder two.
I didn't kill anyone.
But it looks
very much like you did.
You were last seen with her,
your semen was found in her,
and she was in the woods
behind your office.
Someone killed her
after she left the office.
FRUTT: Steven,
we put you up there
so you would look like
a responsible doctor,
the kind of person incapable
of committing a crime.
You came off that stand
a drug-addicted liar.
I agree with Eugene.
We at least have to think
about a plea.
I didn't kill her, Ellenor.
That's the truth.
I'm not gonna plead
to second-degree murder.
(sighs)
What do you mean
you had lunch with him?
I just--
BERLUTI: The judge who
just handled your motion?
Yes.
He asked me yesterday.
I felt I better not refuse.
You better not refuse?
STRINGER:
He said it was a request,
but he said it in a way
like there would be
repercussions.
So you went to lunch.
STRINGER: Yes.
And what happened?
Nothing. We had lunch, uh,
talked about the law.
It seemed pretty innocent
and then it was over.
And then he asked me out
for a drink.
And what did you say?
I said I couldn't.
I had work and...
"maybe tomorrow."
Would you like me
to go to him?
No. God. No.
Well, this is
a treacherous thing.
The last thing a young
attorney needs--
I'll call it off.
You want me to go with you?
No.
I will tell him no.
I saw a vehicle stopped
on the side of the road.
At first, I thought it
was a police car
because of the lights
on the roof
and the way it was painted.
Did you see anyone near
the vehicle?
The defendant.
He was in what looked like
a policeman's uniform
and was standing
at the rear of the car.
The trunk was open,
and he had a flashlight,
so I assumed he was trying
to change a flat tire.
What did you do?
I pulled over myself
to see if I could help.
That's when I realized
he wasn't one of us.
He was a security guard
for a private company.
And what happened after
you saw him, officer?
Well, the minute he saw me,
he slammed the trunk
like he didn't want me
to see inside.
So naturally,
I got suspicious.
I asked him,
"What's going on?"
He told me he was just
having a cigarette.
Company wouldn't allow him
to smoke in the car,
only I didn't see any
cigarettes.
He was acting in a furtive
and suspicious manner?
Objection.
Sustained.
Were you afraid
he might go for a weapon?
Objection.
Mr. Walsh...
HOPE: I tried to follow up
with a few more questions,
where he worked,
what shift he was on,
only he wouldn't say anything.
He just stood there
and then he tried to leave.
Did you let him go?
No, I could tell
something was wrong.
So I asked him to open up
the trunk and he did.
And what was in the trunk?
HOPE: I found a woman, a body.
It was lying on its side
in a curled up position.
There were bruises
all around the neck,
the apparent victim
of strangulation.
It was later I learned
it was Carol Dalton.
You asked him to open
the trunk or told him to?
It was a request.
Where was your weapon?
It was drawn.
So it was a request
while you were pointing
a gun at him.
Yes.
DOLE: You didn't know
there was a body
in the trunk, did you?
Not before
he opened it, no.
DOLE: Didn't see blood
on the car
or the defendant's clothes?
HOPE: No.
DOLE: What about sounds
from inside?
Did you hear screaming
or cries for help?
Obviously not.
She was dead.
So as I understand
your testimony,
if he had had cigarettes,
you wouldn't have searched
his trunk.
That's not what I said.
I testified
he was acting suspiciously.
Because he didn't have
cigarettes and was evasive
about where he worked.
HOPE: He wouldn't answer
any of my questions.
DOLE: So you searched
his trunk
because he chose not to talk.
Your client had a dead woman
in the trunk of his car.
Bottom line, I was right.
DOLE: Is it your testimony
when you asked him
to open the trunk,
you suspected
he had a dead woman inside?
I knew he had something.
DOLE: You knew he had something,
just not cigarettes.
Now what?
We'll make summations
to the judge.
If we win, like I said,
we're in a position--
What if we lose?
Then we'll either plead
or go to trial.
So maybe I have better
negotiation power now.
Maybe we can make
a deal now.
DOLE: Stanley,
they're not willing
to deal now,
and even if they were,
you have good
fourth-amendment issues here.
My advice would be
to play this hearing out.
Okay.
Okay.
Commonwealth has one rebuttal
witness, Your Honor.
We call Margot Barrett.
YOUNG: Objection.
Margot Barrett enjoys
spousal privilege.
The Commonwealth knows--
GAMBLE: And Mrs. Barrett
has the right to exercise it,
not Mr. Young's
or his client's.
Margot Barrett
is willing to testify.
She can't testify
about private conversations.
That's not why
we're calling her.
Approach.
This is definitely
unfair surprise.
She's on the witness list.
YOUNG: Ours not yours.
GAMBLE: Point is you're
prepared for her.
No, we are not.
Have you interviewed
this woman?
Yes.
Then what's the problem?
The problem is it's unfair
surprise--
GAMBLE: I'm only calling her
to impeach.
WHITE: All right, look,
we'll suspend for the day
so defense can get ready.
Tomorrow, we'll start
with Mrs. Barrett.
Now step back.
We're adjourned.
(gavel bangs)
What the hell
is she going to say?
I have no idea.
(music playing)
DOLE: Your Honor,
we can all guess
that my client likely murdered
a beautiful young woman
and he went to that park
to dispose of her body,
but like it or not,
that has nothing to do
with this hearing.
Officer Hope saw my client
standing by his car.
He didn't see any blood,
didn't hear any screams,
nothing to justify
searching the vehicle.
Slamming a trunk
isn't probable cause.
Refusing to talk
isn't probable cause.
Acting nervous
isn't probable cause.
I know it offends
our sense of justice
to free a man
who has perhaps
committed murder,
but the courts have said
it offends us more
to let the police get away
with unreasonable searches.
This is criminal procedure 101.
WALSH: This search
was nothing,
but reasonable.
It was late at night
in a deserted park.
There was no reason
for the defendant
to be there
and the reason he gave
was clearly a lie.
Imagine being there
that night.
Imagine seeing him
race to that trunk,
slam it down,
then refuse to answer
the most basic questions.
The nervous voice,
the lack of eye contact,
the fact that he tried
to flee the scene,
the defendant was acting
like a criminal,
someone in the process
of committing a crime.
Officer Hope
had probable cause
to believe a crime
was occurring,
and the evidence
was inside that trunk.
He was right
and that may not decide
the question,
but it certainly tells you
he was reading the signs.
Ms. Dole wants to talk
about offending justice.
She's asking you
to set a murderer free.
Your husband testified
that when he went
home the night
of Katherine Vance's death,
he wasn't bothered.
Mrs. Barrett,
did he seem unbothered to you?
No.
He came home that night
and he seemed agitated.
Agitated.
MARGOT: Yes.
And he had
just taken a shower
before coming home,
which I felt was very odd.
GAMBLE: Did you ask him
what was wrong?
MARGOT: Yes.
He said nothing.
But--
But what?
From my perspective,
it seemed something
traumatic had happened.
GAMBLE: Mrs. Barrett,
do you think
your husband killed--
Objection.
FRUTT: Objection.
WHITE: Sustained.
I have nothing further.
YOUNG: Did you call the police
with any of your suspicions?
No,
he's my husband
and I was hoping to be--
YOUNG:
Oh, he's your husband now.
You said he took a shower.
Is it your testimony
that he never showered
at work before coming home?
No, he sometimes--
YOUNG: Is it your testimony
that he never came home
from work upset?
No, but here, it was very--
YOUNG: Is it your testimony
that--
Ask that the witness
be allowed to respond.
She answered my question.
Can you describe for this court
your marriage,
Mrs. Barrett?
It's rocky.
YOUNG: Rocky?
You've talked about divorce,
haven't you?
MARGOT: Yes.
YOUNG: Well, with a divorce,
you could get half.
If he should go to prison,
you basically
could spend it all.
Objection.
Is that what this is?
You turn on your husband--
Objection!
YOUNG:
This is cross-examination.
I'll allow it.
YOUNG: My colleague
Ellenor Frutt
talked to you many times.
Why didn't you ever mention
that your husband seemed
agitated that night?
Because as I--
YOUNG: You hadn't thought
of it yet?
Objection!
WHITE: Mr. Young--
Where were you that night?
Here we go.
YOUNG: Sorry,
but when we interviewed you,
you told us you had
no information,
and here you sit today
with information.
I guess that can happen
when a conviction
can give you access
to over $2,000,000.
GAMBLE: Objection!
YOUNG: Withdrawn.
Nothing further.
I'm afraid I'm a little
confused, Jamie.
Well, I just think
since you were
the judge on my case
and I did begin the case
with some serious flirting,
to avoid even the appearance
of impropriety,
we probably shouldn't be seen
having a drink together.
Are you saying
you'd rather
get it privately?
No, no, no,
no, no, no.
I'm saying we probably
shouldn't get it at all.
We shouldn't be social.
Were you flirting with me
because you were interested
or you simply tried
to influence my decision?
Well--
BRENFORD:
Because it was the latter,
even though
you didn't influence me,
I should nevertheless
probably vacate my decision
and remand the matter
to another judge to,
like you say,
avoid even the appearance
of impropriety.
Should I do that?
Now, it feels like
you're threatening me
to undo your ruling,
in which case,
my client--
BRENFORD:
I'm merely following up
on your implied allegation.
If you think
there's any impropriety,
it would be my duty
to vacate
and hand the matter
to another judge.
I don't feel
there's any impropriety.
You sure?
Yes.
I'm very sure.
Because if a lawyer
before me even questions
whether I'd stepped
over the line...
I'm not questioning.
(chuckles)
Okay.
Then I can't see any problem
with us having
a drink together.
I would tell you
if I thought so.
(music playing)
STANLEY: Lindsay!
What happened?
He just wigged out,
but we called the paramedics.
STANLEY:
Lindsay! Lindsay!
Lindsay!
DOLE: Stanley,
I'm right here!
I'm right here!
I wanna plead!
I can't take the chance!
I want to plead!
DOLE: Stanley,
you need to calm down.
I want to plead.
If they let go of you,
can you stay calm?
Yes.
Go ahead.
(panting)
You okay?
I need to talk
to you alone.
Handcuff him
and cuff his leg
to the table.
No.
Then I don't stay
in this room alone with you.
Simple as that.
Okay.
OFFICER: Stand up.
We'll watch
through the glass.
Thank you.
The reason
that I was so desperate
to have you as my attorney,
you're in a unique position
to bargain for me.
Why?
STANLEY: Your old firm,
it's on another case that...
I can help the police with.
The police solved
that one, Stanley.
I don't--
STANLEY: No, they didn't.
I killed that woman.
I beg your pardon?
Kathy Vance.
I stabbed her,
threw her in the woods.
I am willing to confess
to that crime
and this one here
if they agree
to put me in a hospital
instead of prison.
(sighs)
You killed Kathy Vance?
Yes.
And that's why you wanted me,
because of my old firm?
STANLEY: And I know
you're friends
with the D. A.,
Helen Gamble.
You can make it happen.
(knocks on door)
The judge is back.
(door closes)
Oh, my God.
Look,
what you have
to give them,
you'll still have it
after this ruling.
You might as well take
your chances with Hiller.
The search was bad.
Let's just see
what she says.
WOMAN: Be seated.
I have spent
the past three hours
trying to conceive of a way
that I can uphold the search
of the defendant's trunk
and the ensuing confession.
I failed.
This wasn't made incident to
an arrest.
It had nothing
to do with trying
to stop the suspect
from obtaining a weapon.
We've got nothing
plain sight.
This was warrantless
and, simply put,
unconstitutional.
It sickens me
to squash it
because the result--
this officer needs to be sent
immediately back
to the academy.
The search and confession
are hereby suppressed.
The charges are dismissed,
and the defendant,
I'm horrified to say,
is free to go.
We are adjourned.
(gavel bangs)
(indistinct chatter)
What happened?
You're free.
She threw out the search
and the confession.
I can just walk out?
DOLE: Yes,
but you still
wanna help the police
on that other matter
and get some help.
There's no need to now, right?
I'm free.
Right.
Thank you, Lindsay.
Thank you.
(music playing)
(car engine revving)
BERLUTI: What do you mean
you couldn't get out of it?
He kind of tricked me.
Tricked you how?
He sort of implied
that he would
undo his ruling,
though he was careful
the way he said it
and he basically
had me insisting
there was no impropriety,
and, look,
the guy's a judge,
he's smarter than me.
Jamie--
STRINGER: Don't worry.
I know how to dump guys
and flatter them
at the same time.
I'll have one drink
and I'll wiggle out
of the situation.
BERLUTI: This isn't a frat boy.
He's a judge.
I can handle him.
I can.
BERLUTI: Is he threatening you
in any way?
No.
BERLUTI: Jamie, you're walking
down a path here.
This is your career
and it's you.
I can handle it.
He was the last person
to see her alive.
Her body was found
behind his office building
with his semen
inside of her.
They were recently
seen fighting.
She had slapped him.
The defendant's own wife
knew something
was wrong that night.
He came home agitated
and then we learn
he's a drug addict.
Maybe Katherine Vance
was going to expose him,
ruin his marriage,
ruin his career,
we don't know.
We can't.
Katherine Vance is dead.
We do know
the defendant took the stand
and lied,
all the defense has offered
is the defendant's word.
And he takes the stand
and lies.
YOUNG: Dr. Barrett was afraid
to admit his addiction
because he knew
it would hurt his career,
but there's no evidence
it caused him
to kill Kathy Vance.
There's no evidence
she even made any threats
to go public.
My client did
everything he could
to help the police.
He called them to say
the victim was missing.
He gave them permission
to search everything.
He even provided
a blood sample.
Someone else could have
killed Kathy Vance,
someone outside
who saw her leave.
All their evidence,
her being there that night,
the semen,
it proves the affair.
It doesn't prove murder.
And as for the wife
suddenly coming forward
saying things
didn't seem right,
she had a motive to lie.
She had 2,000,000 reasons.
She never told the police
or defense counsel
that Dr. Barrett
seemed agitated.
She manufactured that later
when she tumbled to the idea
that she could profit
by putting him in prison.
She got even.
For all we know,
maybe she was hiding
in the bushes that night
waiting for Katherine Vance
to come out.
We don't know.
(door opens)
HILLER:
It's not often the winner
comes in to complain.
I'm not complaining
and this is about a completely
unrelated matter.
It's just...
I respect you
more than anyone
on interpreting the law
and, uh,
I have a client
who committed a crime
somebody else stands
to be convicted for.
And?
And do I have any recourse
to cure the injustice?
I'm sure the answer's no,
but...
Then why ask the question?
Is the answer yes?
In 49 other states,
your hands are tied.
In Massachusetts,
there is a provision
in rule 1.6.
It allows an attorney
to break the privilege
to keep an innocent man
from going to prison.
Do you have a case?
HILLER: No,
because there aren't any.
There's never been
a decision
because no attorney has ever
invoked the provision.
Why not?
HILLER: You know
the answer to that.
Privilege
is the bedrock principle
of criminal justice.
There may be
an exception on paper,
but no defense
attorney's ever been
willing to use it,
rightfully so.
But I can.
I have the discretion.
HILLER: That's right.
But Lindsay,
you'd be signing
your own career
death warrant.
You'll be news,
a pariah
with every other attorney,
not just criminal.
What type of crime
do you have knowledge of?
It's a murder.
HILLER: Ah.
Why am I not surprised?
The reason this provision
has never been invoked,
most lawyers,
most judges,
including me,
think it's wrong.
A client's trust
is a client's trust.
A lawyer doesn't break it.
It isn't always that easy.
HILLER:
You think it was easy
for me to kick Stanley Deeks?
You came to me for advice.
Technically,
you can reveal
what you know.
Ethically,
I say you don't.
BRENFORD:
I don't know about you,
but I'm pretty hungry.
It's only 5:00.
I know,
but let's head over
to Jasper's and get a bite.
It's not too far.
Okay.
Nice thing about being a judge
is the ability to say,
"Day's over, folks."
Sometimes think
about going back
into private practice
and then I think
I'd miss
the control too much.
Door's open.
Of course,
what I'd really like
is to captain a boat.
That's the control
I'm looking for.
Be out in the open sea,
sail to Nantucket.
What's wrong?
Jamie?
I can't get a drink
with you.
I'm sorry,
but having appeared
before you on a case,
I think it's wrong.
If you feel the need
to vacate your decision,
that's your call.
My call,
I'm not getting this drink.
Good night, Your Honor.
(music playing)
WHITE: Will the defendant
please rise?
Mr. Foreman, has the jury
reached a unanimous verdict?
We have, Your Honor.
WHITE: What say you?
FOREMAN: Commonwealth
versus Steven Barrett.
On the charge of murder
in the first degree,
we find the defendant,
Steven Barrett,
guilty.
(indistinct chatter)
The defense moves
to set aside the verdict.
Denied.
Security, take charge
of the defendant.
Members of the jury,
you're dismissed
with the thanks of this court.
This matter
is now adjourned.
(gavel bangs)
We're gonna review the record
and find grounds to appeal.
Okay.
(indistinct chatter)
You can go.
I'll handle this.
Are you sure?
YOUNG: Yeah, go ahead.
(indistinct chatter)
Lindsay.
Hey.
I came to bring you luck.
I'm sorry.
Yeah.
MAN: Excuse me, Ms. Frutt.
FRUTT: Uh, Eugene Young
will be fielding
all your questions.
I've got no comment.
I'm sorry.
(indistinct chatter)
It's not like I thought
we would win,
but...
But what?
I don't know.
Something just tells me
this one was innocent.
(music playing)
Any grounds for appeal?
I don't know.
(sighs)
(music playing)
(music playing)
WOMAN: You stinker.
(music playing)